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Singapore Airlines Ltd. Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 129DD; Finance Act, 1979 - Sections 35(2), 35A(1) and 38(3); Finance Act, 1997 - Sections 38; Foreign Travel Tax Rules, 1979 - Rules 4, 9 and 10A

Reported in : 2004(73)DRJ168; 2004(94)ECC332; 2004(175)ELT89(Del)

contravention of these obligations attract penalty/interest under Section 38 of the Act. Section 38 (as amended) by the Finance Act, 1997, insofar as it is relevant for the present case, reads as under:'(3) Every carrier or other person who … 1979. No passenger is permitted to board a ship or aircraft unless he has paid the FTT. Under Section 35(2) of the Act certain agencies including such carriers , as may be notified by the Central Government, are

Merit Enterprises Vs. Dy. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Direct Taxation

Reported in : (2007)288ITR226(Hyd.)

short issue in this appeal is whether the levy of surcharge in terms of the provisions of the Finance Act, 2002, is valid in a block assessment made under Section 158BC of the Income-tax Act. The tax has … otherwise nature of the amendment to the Income Tax Act, by way of insertion of Sub-section (5) to Section 35 by the Income Tax (Amendment) Act 1953, observed that the said Sub-section (5) is not declaratory of a … adopted as applicable to the assessment year 1996-97 or the assessment year 1997-98, the rate of surcharge being different for the two years? The provisions

Commissioners for Her Majesty's Revenue and Customs (Respondent) Vs. D ...

Court : UK Supreme Court

Subject : Land Acquisition

not directly relevant to this appeal. Indeed, because of paragraph 3(12) (introduced by an amendment made in the Finance Act 1997) they really do no more than explain the expression "manufactured interest". 18. The statutory provisions in relation to … (UK) Ltd ("DCC") as lender and Ulster Bank Ireland Ltd ("the Bank") as borrower deemed to exist under section 730A of the Income and Corporation Taxes Act 1988 ("ICTA 1988"); and (3) A loan transaction between the … Lord Hanworth MR in Dewar v Inland Revenue Commissioners [1935] 2 KB 351, 366) that "'receivability' without receipt is nothing." Apart from anti-avoidance provisions the

Madathil Brothers Vs. the Deputy Commissioner of Income Tax, Special R ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(4A), 2(14), 2(42), 2(42A), 2(47), 22, 27, 45, 68 and 260A; Finance Act, 1987 - Sections 27; Transfer of Property Act, 1882 - Sections 53A, 54 and 55; Registration Act; Taxation Laws (Amendment) Act, 1984; Income Tax Act, 1922 - Sections 9 and 12B; Income Tax Rules, 1962 - Rule 9A, 9B, 9B(1), 9B(2) to 9B(4) and 9B(7); Wealth Tax Rules - Rule 1D; Income Tax (Seventh Amendment) Rules, 1976

Reported in : (2008)217CTR(Mad)416; [2008]301ITR345(Mad)

of a business carried on by him, such conversion or treatment; (or) The following clause was inserted under Finance Act, 1987 with effect from 1.4.1988:(v) any transaction involving the allowing of the possession of any immovable property to … capital gains arising out of the sale of an immovable property at 35, Nungambakkam High Road, Chennai, four questions of law were admitted by this … Whether the Tribunal was right in holding that the sum of Rs. 1,26,000/- is unexplained cash credit under Section 68 of the Income Tax Act, 1961? 3. Whether the Tribunal was right in law in upholding the

Commissioner of Central Excise and Customs Vs. M/S. Venus Castings (P) ...

Court : Supreme Court of India

Subject : Excise

Acts : Central Excise Rules - Rule 96ZO(3); Constitution of India - Article 136; Finance Act, 1997; Central Excice Act, 1944 - Sections 3A(4) and 35L

Reported in : 2000(69)ECC1; 2000LC9(SC); 2000(117)ELT273(SC); JT2000(4)SC77; 2000(3)SCALE64; (2000)4SCC206; [2000]2SCR988

of production in respect of notified goods. This clause came to be inserted in the Act by the Finance Act, 1997. The intention to introduce this provision appears to be that in certain sectors, like induction furnaces, steel re-rolled … S. Rajendra Babu, J.1. These appeals are filed under Section 35-L(b) of the Central Excise Act, 1944 (hereinafter referred to as 'the Act']. The background facts leading to

Combatta Aviation Ltd. Vs. Union of India (Uoi)

Court : Delhi

Subject : Civil

Acts : Finance Act, 1979 - Sections 28(3), 35(1), 35(2), 38(3) and 38(5); FTT Rules, 1979 - Rules 4, 9 and 10A

Reported in : 2000(68)ECC52; 2000LC390(Delhi); 2000(115)ELT622(Del)

business, has been authorised to collect Foreign Travel Tax livable under [sub-section] (1) of Section 35 of the Finance Act, 1979, read with Notification No. 4/ FTT/ 79, dated 16th June, 1979 issued under [sub-section] (2) of Section … 1979 (as amended) for delayed payment of FTT amount of Rs. 14,21,250/- collected during the month of November, 1997. Section 28(3) of the Finance Act, 1979 is as under :-'Section 38(3)Every carrier or other person who fails to

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Subject : Land Acquisition

8, [2009] STC 452. For present purposes, however, it is sufficient to note that section 47 of the Finance Act 1997 curtailed the period for a claim for repayment of VAT from six to three years, with retrospective effect, … the principle laid down in Amministrazione delle Finanze dello Stato v SpA San Giorgio (Case 199/82) [1983] ECR 3595("San Giorgio"), EU law required there to be an effective remedy for monies paid in respect of the tax

Shankarlal Vs. Income-tax Officer and ors.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 70, 74, 76, 77, 78, 119, 132, 132A, 139, 140A, 142, 142(1), 143 and 148; ;Wealth Tax Act, 1957 - Sections 37A and 37B; Income Tax Act, 1961 - Sections 28

Reported in : (1998)144CTR(AP)424; [1998]230ITR536(AP); [1998]99TAXMAN500(AP)

stated that no circulars of CBDT have been issued which are in conflict with S. 64 of the Finance Act, 1997. In the reply-affidavit, it is reiterated that the denial of the benefit of the Scheme to the petitioner … onwards. Counter-affidavit of 2nd respondent was filed only on 23rd December, 1997. Even though the validity of the section of the Finance Act has been questioned, and the 4th respondent, the Union of India represented by its … The income so disclosed is chargeable to tax at the rate of 35 per cent. in respect of a company or firm and at the

Tanna and Modi Vs. C.i.T., Mumbai Xxv and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Indian Partnership Act, 1932 - Sections 19; Income Tax Act, 1961 - Sections 132, 132A, 133A, 139, 142 and 148; Finance Act, 1997 - Sections 71(1) and 71(2); Voluntary Disclosure of Income Rules, 1997 - Rule 10; Wealth Tax Act; Foreign Exchange Regulation Act, 1975; Companies Act, 1956; Constitution of India - Articles 136 and 142

Reported in : AIR2007SC2301; (2007)210CTR(SC)273; [2007]292ITR209(SC); 2007(8)SCALE511

in exercise of its power conferred upon it under sub-Sections (1) and (2) of Section 71 of the Finance Act, 1997 made rules known as Voluntary Disclosure of Income Rules, 1997 (the Rules).Rule 10 of the Rules reads as … namely -(i) in the case of a declaring, being a company or a firm, at the rate of 35 per cent of the voluntarily disclosed income;(ii) in the case of a declaring, being a person other than

Cellular Operators Association of India and Others Vs. Dept. of Teleco ...

Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT

Subject : Service Tax

as he thinks fit and report thereon. We have also noticed heretobefore that the Parliament enacted the TRAI Act, 1997; Section 35 whereof empowers the Central Government to make Rules inter alia for giving effect to the provisions of the … is even complete. The DoT special audit which also continues to require substantial time and effort from our finance and audit teams and is expected to conclude in the week commencing 22 March. We are therefore continuing